Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
country had 126 pregnant residents. None of them was placed in a professional specialized foster family. 18 returned to the youth care centres without their babies; 68 returned to their families which were often malfunctioning families unable to provide proper care to the babies, and 14 returned to
orphanages. Moreover, statistical data provided by the Ministry of National
Education did not indicate any case in which, in 2014 and 2015, a pregnant
juvenile resident of a youth care centre was placed in a specialized professional foster family.
It may therefore be presumed that the current system does not work in
practice. This is also confirmed by the fact is that the social rehabilitation
process was discontinued for most of the juvenile females after childbirth.
According to the NMPT, the existing legislation which, due to the lack of effective systemic solutions may lead to the separation of juvenile mothers from
their children, poses a significant risk of inhuman treatment of such mothers
and thus requires urgent amendment. According to the NMPT, juvenile mothers should be able to stay in detention establishments together with their children on daily basis so as to build emotional and family ties, rather than to have to
come to meetings with their children who are brought up by other persons.
When the attitude of a juvenile mother shows that she is not ready to take
full care of her child, the court should not permit her to exercise parental
custody. Applicable legislative solutions should, however, make it possible
for juvenile mothers to take full care of their children.
In the context of the above-mentioned postulates and legal regulations
sought by the Commissioner, attention should be paid to the practice of the
youth care centre in Czaplinek77. If a juvenile resident of the centre is pregnant, the centre’s director notifies the District Family Support Centre and the
visiting judge in order to find, within the municipality of Czaplinek, a foster
family to look after the juvenile’s child during the time when the mother is at
school. For two juvenile mothers from the centre its employees became their
children’s foster families and legal guardians. They took care of the children
during school hours but in the afternoons the children were staying with
their mothers. This practice allows the children to stay in daily contact with
their biological mothers. Such daily contact should be protected by relevant
legislation as it is necessary for correct development of the child and for
building an appropriate relationship between the child and the mother.
77
The establishment was visited by the NMPT from 11th to 12th May 2015. An excerpt of the report is
available on the NMPT website under the tab Visits of the National Preventive Mechanism.
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